SCHOOL 


Fdueition 


OFFICE  OF 


SUPERINTENDENT  OF- PUBLIC  INSTRUCTION, 

TOPEKA,  KANSAS. 


A  SYNOPSIS 

OF  THE 


LAWS  ENACTED  BY  THE  LEGISLATURE  OF 

1903. 


v 


HP*  t- 


CIRCULAR 


3 


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To  all  Superintendents  of  Public  Instruction  and  School  Officers  of  the 

State  of  Kansas : 

The  following  pages  present  a  brief  summary  of  the  general  educa¬ 
tional  bills  passed  by  the  recent  legislature.  It  has  been  considered 
best  to  give  the  “truant  law”  and  “certificate  law”  in  full,  with  added 
notes  of  explanation  and  suggestion.  The  last  legislature  has  given 
very  marked  attention  to  the  recommendations  of  the  teachers  of  the 
state.  The  popularity  and  effectiveness  of  the  laws  enacted  depend 
upon  the  degree  of  good  judgment  in  their  enforcement;  especially 
is  this  true  of  the  truancy  and  certificate  laws.  Your  earnest  coopera¬ 
tion  is  urged  in  making  wise  use  of  these  excellent  measures. 

House  bill  No.  227  provides  that  the  history  of  Kansas  and  United 
States  history  shall  be  taught  in  all  the  public  schools  of  the  state. 

Senate  bill  No.  234  provides  for  the  establishment  of  a  manual¬ 
training  school  at  Pittsburg,  Kan.  This  school  wfill  be  considered  a 
branch  of  the  State  Normal  School  and  will  be  under  the  manage¬ 
ment  of  the  board  of  regents  of  the  State  Normal  School. 

. 

Senate  bill  No.  8  provides  that  district  boards  and  boards  of  educa¬ 
tion  of  cities  of  the  first  and  second  class  may  provide  for  a  manual¬ 
training  school  in  their  district  or  a  manual- training  department  in  an 
existing  school.  This  bill  makes  manual  training  possible  in  every 
public-school  district  of  the  state.  State  aid  not  to  exceed  the  amount 
of  $250  per  year  is  provided  for,  where  the  manual-training  depart¬ 
ment,  under  a  special  teacher,  is  conducted  six  months  or  more  in 
any  pne  year,  provided  the  total  of  such  expense  to  the  state  does  not 
exceed,  annually,  $10,000. 

Senate  bill  No.  237  provides  that  the  salary  of  the  state  superin¬ 
tendent  shall  be  $2500  per  annum,  the  same  as  other  state  officers. 

Senate  bill  No.  192  provides  for  the  establishing,  by  vote,  of  county 
high  schools  in  counties  having  a  population  of  less  than  6000. 

(3) 

'  -  ).  3  * 


4 


Senate  bill  No.  1  provides  for  the  election  of  trustees  of  county 
high  schools  by  commissioner  districts  and  for  the  same  term  as 
commissioners. 

House  bill  No.  185  provides  that  the  annual  meeting  cannot  de¬ 
cide  whether  a  man  or  woman  shall  teach  their  next  term  of  school. 
This  matter  is  now  left  to  the  district  boards. 

House  bill  No.  374  provides  that  every  school  district  of  the  state 
shall  maintain  a  school  for  at  least  five  months  each  year. 

House  bill  No.  66  changes  the  annual  school  meeting,  in  all  school 
districts  of  the  state,  not  otherwise  provided  for  by  law,  to  the  third 
Thursday  of  June  oleach  year. 

House  bill  No.  678  provides  that  inhabitants  of  any  school  dis¬ 
trict  adjacent  to  a  graded-school  district  may,  by  vote,  disorganize 
said  district  and  have  the  same  attached  to  said  graded-school  dis¬ 
trict. 

House  bill  No.  402  states  the  conditions  under  which  a  school- 

house  site  may  be  changed. 

House  bill  No.  854  adds  a  professional  certificate  to  the  present 
qualifications  of  a  county  superintendent.  He  must  now  hold  a  sec¬ 
ond,  first  or  professional  certificate. 

House  bill  No.  384  makes  provision  for  the  bonded  debt  of  disor¬ 
ganized  and  merged  school  districts. 

House  bill  No.  25  provides  that  the  county  superintendent  may  in¬ 
dorse  unexpired  third-grade  certificates  issued  in  counties  adjacent  to 
or  cornering  on  his  county. 


House  bill  No.  348  is  amendatory  of  the  law  governing  the  issu¬ 
ance  of  certificates  by  county  boards  of  examiners,  and  provides  for  a 
professional  certificate.  The  text  of  the  law  is  published  in  full,  as 
follows : 

An  Act  relating  to  the  county  boards  of  examiners,  and  to  provide  for  pro¬ 
fessional  certificates  to  be  issued  by  county  boards  of  examiners,  and  repealing 
chapter  175,  Laws  of  1885. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Kansas: 

Section  1.  In  each  county  there  shall  be  a  board  of  county  ex¬ 
aminers,  composed  of  the  county  superintendent,  who  shall  be  ex 
officio  chairman  of  the  board,  and  two  competent  persons,  holders  of 


5 

first-grade  certificates,  or  of  state  certificates,  or  of  diplomas  from  the 
State  University,  the  State  Normal  School,  or  the  State  Agricultural 
College,  who  shall  be  appointed  by  the  county  commissioners  on  the 
nomination  of  the  county  superintendent,  and  shall  serve  one  year 
from  the  time  of  their  respective  appointments,  and  each  of  whom 
shall  receive  for  his  services  the  sum  of  three  dollars  per  day,  for  not 
to  exceed  twenty-four  days  in  any  one  year. 

Sec.  2.  The  board,  two  of  whom  shall  constitute  a  quorum,  shall, 
on  the  last  Saturday  of  January,  October,  and  at  the  close  of  the 
county  normal  institute,  only  at  such  places  as  may  be  designated  by 
the  chairman  (who  shall  give  ten  days’  notice  of  each  examination), 
publicly  examine  all  persons  proposing  to  teach  in  the  common 
schools  of  the  county  (cities  of  the  first  and  second  classes  excepted  ), 
as  to  their  competency  to  teach  the  branches  prescribed  by  law ;  and 
such  board  of  examiners  shall  issue  certificates,  as  hereinafter  pro¬ 
vided,  to  all  such  applicants  as  shall  pass  the  required  examination 
and  satisfy  the  board  as  to  their  good  moral  character  and  ability  to 
teach  and  govern  schools  successfully. 

Seo.  8.  Certificates  issued  by  county  boards  shall  be  of  four 
grades :  Professional,  first  grade,  second  grade,  and  third  grade,  and 
shall  continue  in  force  in  the  order  named  for  the  respective  periods 
of  one  year,  three  years,  two  years,  and  orie  year. 

Seo.  4.  Professional ;  to  whom  issued.  Professional  certificates 
shall  certify  that  the  person  to  whom  issued  is  of  good  moral  charac¬ 
ter,  is  proficient  in  and  fully  qualified  to  teach  orthography,  reading, 
writing,  English  grammar,  geography,  arithmetic,  history  of  Kansas, 
United  States  history,  constitution  of  the  United  States,  bookkeeping, 
physiology  and  hygiene,  theory  and  practice  of  teaching,  elements  of 
natural  philosophy,  algebra,  English  literature,  and  general  history, 
and  shall  not  be  issued  to  persons  under  twenty-one  years  of  age,  nor 
to  such  persons  as  have  not  taught  successfully  thirty-two  school 
months ;  provided,  that  the  persons  who  receive  a  professional  certifi¬ 
cate  shall  make  a  general  average  of  not  less  than  ninety  per  cent., 
and  in  no  case  shall  a  person  receive  a  professional  certificate  who 
shall  fall  below  eighty-five  per  cent,  in  any  one  branch  ;  provided,  that 
any  person  who  shall  at  any  regular  examination  ipake  a  grade  of 
ninety  per  cent,  or  more  in  any  branch,  the  same  shall  be  credited  on 
a  professional  certificate ;  provided,  that  no  grade  shall  be  carried 
longer  than  two  years,  nor  shall  any  grades  be  credited  unless  the  gen¬ 
eral  average  shall  entitle  them  at  least  to  a  third-grade  certificate; 
provided,  also,  that  any  person  to  whom  a  professional  certificate  shall 
hereafter  be  issued  shall,  upon  the  payment  of  one  dollar  fee,  be  en¬ 
titled  to  a  renewal  of  same  without  examination,  provided  said  appli¬ 
cant  shall  not  have  remained  out  of  service  as  a  teacher  in  the  public 


6 


schools  longer  than  two  consecutive  years,  was  a  regular  member  and 
attended  at  least  ninety  per  cent,  of  the  time  of  the  county  institute 
preceding  issuance  of  said  certificate,  was  a  regular  member  and  at¬ 
tended  all  of  the  meetings  of  the  county  association,  unless  excused 
by  the  county  superintendent,  and  shall  be  a  regular  subscriber  of 
some  standard  educational  journal,  and  shall  perform  such  other  pro¬ 
fessional  work  as  the  state  or  county  superintendent  shall  direct ;  pro¬ 
vided  further,  that  any  person  who  shall,  at  the  time  of  the  passage  of 
this  act,  be  the  holder  of  a  first-grade  certificate,  and  who  shall  have 
taught  in  the  public  schools  of  the  state  for  the  two  years  immediately 
preceding  the  expiration  of  such  certificate,  shall,  on  the  expiration 
of  such  first-grade  certificate,  be  issued  a  professional  certificate  on 
passing  a  satisfactory  examination  in  each  of  the  following  branches : 
General  history,  history  of  Kansas,  English  literature,  and  algebra ; 
provided,  that  no  person  shall  be  issued  such  professional  certificate 
who  shall  fall  below  eighty-five  per  cent,  in  any  one  of  these  four 
branches. 

Sec.  5.  First  grade;  to  whom  issued.  Certificate  of  the  first 
grade  may  be  issued  to  persons  of  not  less  than  nineteen  years  of  age, 
who  have  taught  successfully  no  less  than  twelve  school  months,  and 
who  shall  fully  satisfy  the  board  as  to  their  ability  to  teach  all  the 
branches  prescribed  for  a  professional  certificate  except  general  his¬ 
tory,  and  elements  of  natural  philosophy ;  provided,  that  persons  who 
receive  first-grade  certificates  shall  make  a  general  average  of  not  less 
than  ninety  per  cent.,  and  in  no  case  shall  a  person  receive  a  certifi¬ 
cate  of  the  first  grade  who  shall  fall  below  seventy  per  cent,  in  any 
one  branch. 

Sec.  6.  Second  and  third  grades;  to  whom  issued.  Certificates 
of  the  second  grade  may  be  issued  to  persons  of  not  less  than  eight¬ 
een  years  of  age,  who  have  taught  successfully  not  less  than  three 
school  months,  and  who  shall  fully  satisfy  the  board  as  to  their  ability 
to  teach  all  the  branches  prescribed  for  first-grade  certificates  except 
bookkeeping  and  literature ;  provided,  that  persons  who  receive  a 
second-grade  certificate  shall  make  a  general  average  of  not  less  than 
eighty  per  cent.,  and  in  no  case  shall  a  person  receive  a  second-grade 
certificate  who  falls  below  sixty  per  cent,  in  any  one  branch ;  provided 
further,  that  third-grade  certificates  may  be  issued  to  persons  not  less 
than  eighteen  years  of  age,  and  who  shall  fully  satisfy  the  board  as  to 
their  ability  to  teach  all  the  branches  prescribed  for  second-grade  cer¬ 
tificates  except  algebra ;  provided,  persons  who  receive  third-grade 
certificates  shall  make  a  general  average  of  not  less  than  seventy-five 
per  cent.,  and  in  no  case  shall  any  person  receive  a  third-grade  cer¬ 
tificate  who  makes  less  than  sixty  per  cent,  in  any  one  branch ;  pro¬ 
vided,  that  persons  who  are  not  less  than  sixteen  years  of  age  and  who 


7 


have  completed  at  least  two  years  of  high-school  work,  or  its  equiva¬ 
lent  ;  and  provided,  that  teachers  not  of  the  age  of  eighteen  years  and 
holding  third-grade  certificates  at  the  time  of  the  enactment  of  this 
act  shall  be  entitled  to  the  benefits  of  this  act. 

Sec.  7.  No  certificate  shall  be  issued  by  any  county  board  or  county 
superintendent  except  upon  examination  as  provided  in  this  act ;  pro¬ 
vided,  that  county  boards  may  renew  professional  certificates  from 
year  to  year  as  provided  for  in  section  4  of  this  act. 

Sec.  8.  Chapter  175,  Session  Laws  of  1885,  and  all  acts  or  parts  of 
acts  in  conflict  herewith,  are  hereby  repealed. 

Sec.  9.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
publication  in  the  official  state  paper. 

COMMENTS. 

First. — This  law  in  no  respect  invalidates  certificates  in  force  at 
the  time  of  its  enactment,  but  all  future  county  certificates  must  be 
issued  in  accordance  with  its  provisions. 

Second. — Any  applicant  who  makes  a  grade  of  ninety  per  cent,  or 
over  in  any  branch  or  branches  may  have  the  same  credited  on  a  pro¬ 
fessional  certificate.  No  grade  will  be  carried  longer  than  two  years. 
No  grades  will  be  carried  from  an  examination  at  which  the  applicant 
fails  to  receive  a  certificate. 

Third. — Professional  certificates  are  renewable  by  the  county  su¬ 
perintendent  upon  payment  by  the  applicant  of  the  usual  fee  of  one  dol¬ 
lar,  provided  said  applicant  has  complied  with  the  provision  of  the 
law  prescribed  in  section  4  thereof. 

Fourth. — Any  holder  of  a  first-grade  certificate  at  the  time  of  the 
passage  of  this  law,  and  who  has  taught  in  Kansas  for  two  years  im¬ 
mediately  preceding  the  expiration  of  such  certificate,  shall  be  granted 
a  professional  certificate  upon  passing  examination  in  general  his¬ 
tory,  history  of  Kansas,  English  literature,  and  algebra,  provided  he 
does  not  fall  below  eighty-five  per  cent,  in  any  of  the  above  branches. 

Fifth. — The  following  changes  are  made  in  the  present  certificates : 
First  grade :  Minimum  age  advanced  from  eighteen  years  to  nineteen 
years ;  natural  philosophy  omitted ;  history  of  Kansas,  algebra  and 
literature  added.  Second  grade :  Minimum  age  advanced  from  sev¬ 
enteen  to  eighteen  years ;  algebra  and  history  of  Kansas  added.  Third 
grade  :  Minimum  age  advanced  from  sixteen  to  eighteen  years ;  his¬ 
tory  of  Kansas  and  civil  government  added. 

The  law  provides  that  persons  who  are  not  less  than  sixteen  years 
of  age,  and  who  have  completed  at  least  two  years  of  high-school 
work  or  its  equivalent,  and  persons  who  now  hold  third-grade  certifi¬ 
cates,  but  who  are  not  eighteen  years  of  age  at  the  time  of  the  enact¬ 
ment  of  this  act,  shall  be  entitled  to  the  benefits  of  this  act.  The  law 


8 


amply  protects  all  holders  of  certificates  at  the  time  of  the  passage  of 
the  law,  but  advances  the  requirements  for  future  certificates.  The 
professional- certificate  requirements  are  high,  but  the  means  of  at¬ 
tainment  are  equitable  and  easy  to  the  diligent  and  studious  teacher. 


Senate  bill  No.  200  is  known  as  the  compulsory-education  law. 
This  law  provides  that  all  able-bodied  children  between  the  ages  of 
eight  and  fifteen  shall  attend  school  while  school  is  in  session.  The 
law  further  provides  penalties  for  truancy  and  incorrigible  children. 
The  full  text  of  the  law  is  as  follows : 

An  Act  to  promote  the  attendance  of  pupils  in  schools,  to  prevent  truancy,  to 
provide  for  the  appointment  of  truant  officers,  to  define  the  rights  and  duties 
and  compensation  of  such  officers,  to  prescribe  the  penalties  for  violation  of  this 
act,  and  to  repeal  chapter  123  of  the  Session  Laws  of  1874,  being  paragraphs 
6420,  6421,  6422  and  6423  of  the  General  Statutes  of  Kansas,  1901. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Kansas  : 

Section  1.  That  chapter  123  of  the  Session  Laws  of  1874,  entitled 
“An  act  to  promote  the  attendance  of  pupils  in  schools,  to  prevent 
truancy,”  be  amended  so  as  to  read  as  follows :  That  every  parent, 
guardian,  or  other  person  in  the  state  of  Kansas  having  control  or 
charge  of  any  child  or  children  between  the  ages  of  eight  and  fifteen 
years  inclusive,  shall  be  required  to  send  such  child  or  children  to  a 
public  school,  or  a  private,  denominational  or  parochial  school  taught  by 
a  competent  instructor  each  school  year  for  such  period  as  said  school 
is  in  session ;  provided,  that  any  child  of  the  age  of  fourteen  years  or 
more  who  is  able  to  read  and  write  the  English  language,  and  who  is 
actively  and  regularly  employed  for  his  own  support  or  for  the  sup¬ 
port  of  those  dependent  upon  him,  shall  not  be  required  to  attend  the 
aforesaid  schools  for  a  longer  period  or  term  than  eight  consecutive 
weeks  in  any  one  year ;  provided,  that  any  and  all  children  that  have 
received  a  certificate  of  graduation  from  the  common  schools  of  any 
county  or  certificate  of  admission  to  a  high  school  in  any  city  in  the 
state  of  Kansas  shall  be  exempt  from  the  provisions  of  this  act ;  pro¬ 
vided,  that  the  children  who  are  physically  or  mentally  incapacitated 
for  the  work  of  common  schools  are  exempt  from  the  provisions  of 
this  act,  but  the  school  authorities  shall  have  the  right,  and  they  are 
hereby  authorized  when  such  exemption  under  the  provisions  of  this 
act  is  claimed  by  any  parent,  guardian,  or  other  person  in  the  con¬ 
trol  or  charge  of  such  child  or  children,  to  cause  an  examination  of 
such  child  or  children  by  a  physician  or  physicians  employed  for  such 
purpose  by  such  authorities,  and  if  such  physician  or  physicians  hold 
that  such  child  or  children  are  capable  of  doing  the  work  in  the  com¬ 
mon  schools,  then  such  child  or  children  shall  not  be  exempt  from 
the  provisions  of  this  act. 


9 


Seo.  2.  The  county  superintendents  of  public  instruction  shall 
divide  their  respective  counties  into  not  less  than  one  or  more  than 
five  truant  districts,  and  the  board  of  county  commissioners  shall,  upon 
the  nomination  of  the  county  superintendents  of  public  instruction  of 
their  respective  counties,  appoint  a  truant  officer  for  each  district 
thus  created,  who  shall  hold  his  office  at  the  will  of  the  county  super¬ 
intendent  of  public  instruction.  The  truant  officer  shall  see  that  the 
provisions  of  this  act  are  complied  with,  and  when  from  personal 
knowledge,  or  by  report  or  complaint  of  any  resident  or  teacher  of  the 
district  under  his  supervision,  or  from  information,  he  believes  that 
any  child  subject  to  the  provisions  of  this  act  is  habitually  absent 
from  school,  he  shall  immediately  give  written  notice  to  the  parent, 
guardian  or  other  person  having  control  or  charge  of  such  child  that 
the  attendance  of  such  child  at  school  is  required,  and  if  within  five 
days  such  parent,  guardian  or  other  person  having  control  or  charge 
of  such  child  does  not  comply  with  the  provisions  of  this  section,  then 
such  truant  officer  shall  make  complaint  in  the  name  of  the  state  of 
Kansas  against  such  parent,  guardian  or  other  person  having  control 
or  charge  of  such  child,  before  any  court  of  competent  jurisdiction ; 
and  upon  conviction  of  violation  of  the  provisions  of  this  act* such 
parent,  guardian  or  other  persons  having  control  or  charge  of  such 
child  shall  be  adjudged  guilty  of  a  misdemeanor,  and  be  fined  in  a' 
sum  not  less  than  five  dollars  nor  more  than  twenty-five  dollars,  and 
all  fines  collected  shall  be  paid  into  the  county  treasury,  for  the  sup¬ 
port  of  the  common  schools. 

Seo.  3.  In  case  any  pupil  becomes  an  habitual  truant  or  becomes 
a  menace  to  the  best  interests  of  the  school  which  he  is  attending, 
then  it  shall  be  the  duty  of  the  truant  officer  to  report  said  facts  and 
conditions  to  the  parent  or  guardian  of  said  child.  The  parents  shall 
be  held  liable  under  the  provisions  of  this  act  for  the  regular  attend¬ 
ance  and  good  conduct  of  said  child,  unless  said  parent  or  guardian 
shall  state  in  writing  to  said  truant  officer  that  said  child  is  beyond 
the  control  of  said  parent  or  guardian.  Then  it  shall  be  the  duty  of 
the  truant  officer  to  proceed  against  said  pupil  under  the  provisions 
of  the  law  governing  juvenile  disorderly  persons.  Cities  of  the  first 
and  second  class  will  each  constitute  a  separate  district  for  the  ad¬ 
ministration  of  this  act,  and  the  truant  officer  or  officers  of  such  cities 
shall  be  appointed  by  the  respective  boards  of  education  of  said  cities  ; 
provided,  that  there  shall  be  in  such  cities  but  one  truant  officer  for 
each  10,000  children  or  fraction  thereof  according  to  the  school  enu¬ 
meration;  provided  further,  that  no  city  shall  have  more  than  five 
truant  officers.  The  truant  officers  of  cities  shall  enforce  the  provi¬ 
sions  of  this  act  in  the  manner  and  under  such  penalties  as  are  pre¬ 
scribed  by  section  2  of  this  act. 


10 


Sec.  4.  The  truant  officers  provided  for  in  this  act  who  are  appointed 
by  the  board  of  county  commissioners  shall  receive  from  the  county 
treasury  two  dollars  for  each  day  for  actual  service.  The  truant  offi¬ 
cers  provided  for  in  this  act  who  are  appointed  by  the  board  of 
education  of  any  city  of  the  first  or  second  class  shall  receive  from 
the  treasury  of  such  board  of  education  two  dollars  for  each  day  for 
actual  service.  Such  truant  officers  shall  be  paid  by  the  respective 
counties  or  board  of  education  in  the  same  manner  as  other  employees 
are  paid ;  provided,  that  no  warrant  shall  be  issued  either  on  the 
county  treasury  or  the  treasurer  of  the  board  of  education  for  such 
services  until  the  truant  officer  shall  have  filed  an  itemized  statement 
of  the  time  employed  in  such  service,  and  such  statement  shall  have 
been  certified  to  by  the  county  superintendent  of  public  instruction 
or  by  the  clerk  of  the  board  of  education  in  the  city  in  which  such 
truant  officer  is  employed ;  provided  further,  that  no  truant  officer 
shall  receive  pay  for  more  days’  service  during  any  one  year  than  the 
number  of  days  the  school  is  in  session  that  year. 

Seo.  5.  All  school  officers  are  hereby  required  to  make  and  furnish 
all  reports  that  may  be  required  by  the  county  superintendent  of 
public  instruction  or  by  the  board  of  education  of  any  city  of  the 
first  and  second  class  with  reference  to  the  workings  of  this  act.  Every 
teacher  employed  in  the  public  schools  in  the  state  of  Kansas  is 
hereby  required,  before  receiving  each  month’s  salary,  to  make  a  re¬ 
port  to  the  county  superintendent  of  public  instruction  or  to  the  su¬ 
perintendent  of  the  city  in  which  he  may  be  employed,  showung  the 
names  and  addresses  of  all  pupils  who  have  been  truant  or  habitually 
absent  from  school  during  the  previous  month,  and  stating  reasons 
for  such  truancy  or  habitual  absence  in  each  case,  if  known.  All 
such  cases  of  truancy  so  reported  shall  be  brought  to  the  notice  of 
the  proper  truant  officer  by  the  county  superintendent  of  public  in¬ 
struction  or  by  the  superintendent  of  the  city  by  which  he  is  em¬ 
ployed. 

Sec.  6.  In  order  that  the  provisions  of  this  act  may  be  more  defi¬ 
nitely  enforced,  it  is  hereby  provided  that  the  enumerators  of  school 
children,  in  taking  their  annual  school  census,  shall  ascertain  and  re¬ 
cord  the  name,  place  and  date  of  birth  of  every  child  enumerated,  and 
the  parent,  guardian  or  persons  having  charge  or  control  of  such 
child  shall  subscribe  and  take  oath  or  affirmation  that  such  record  is 
true.  The  enumerator  is  hereby  empowered  to  administer  such  oath 
or  affirmation ;  and  any  parent,  guardian  or  person  having  charge  or 
control  of  any  child  who  shall  refuse  to  take  such  oath  or  affirmation 
shall  be  adjudged  guilty  of  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  any  sum  not  less  than  one  nor  more  than  ten  dollars. 

Sec.  7.  Chapter  123  of  the  Laws  of  1874,  being  paragraphs  6420, 


11 


6421,  6422,  6423,  General  Statutes  of  Kansas,  1901,  being  article  9, 
sections  185,  186,  187,  188,  of  chapter  63,  of  the  General  Statutes  of 
Kansas,  1897,  be  and  the  same  is  hereby  repealed. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force  on  and  after  its 
publication  in  the  official  state  paper. 

COMMENTS  AND  SUGGESTIONS. 

The  popularity,  success  and  general  efficiency  of  this  law  depends 
directly  upon  good  judgment  in  its  enforcement.  An  unreasonable 
and  arrogant  interpretation  of  the  law  will  lessen  its  efficiency  by 
rendering  it  unpopular,  while  a  sensible  and  reasonable  interpretation 
and  enforcement  will  render  the  law  popular  and  efficient. 

County  and  city  superintendents  should  consider  carefully  each 
case  of  truancy  or  habitual  absence  in  their  respective  districts,  and 
then  advise  the  truant  officer  as  to  the  best  course  of  action.  In 
many  instances  the  superintendent  will  be  able  to  adjust  the  case 
without  friction  and  without  any  expense  whatever.  Do  not  turn 
these  matters  over  indiscriminately  to  your  truant  officer,  as  you  neg¬ 
lect  an  important  duty  in  so  doing.  Earnestly  urge  your  teachers  to 
be  wise  in  regard  to  the  law.  No  teacher  who  exercises  discretion 
will  ever  use  the  existence  of  this  law  as  a  threat  to  pupils  of  his 
school.  Let  good  sense  prevail,  that  this  good  law  may  be  a  benefit. 

First.— The  parent  or  guardian  of  the  child  shall  determine 
whether  the  child  shall  attend  a  public,  private,  denominational  or 
parochial  school.  The  state  may  insist  that  such  school  shall  be 
taught  by  a  competent  teacher. 

Second . —  Pupils  must  attend  school  for  such  time  as  school  is  in 
session. 

Third. —  Pupils  fourteen  years  of  age  or  over  who  can  read  and 
write  the  English  language  and  who  are  regularly  employed  for  their 
own  support  or  the  support  of  some  one  depending  upon  them  are 
required  to  attend  school  but  eight  consecutive  weeks. 

Fourth. —  Pupils  who  are  graduates  of  the  common  schools  or  are 
eligible  to  admission  to  any  high  school  of  the  state  are  exempt. 

Fifth. —  Children  who  are  physically  or  mentally  incapacitated  are 
exempt,  but  the  school  authorities  may  take  proper  means  to  satisfy 
themselves  that  such  claim  for  exemption  is  based  upon  valid  reasons 
under  the  law. 

Sixth. — Truant  officers  must  be  appointed,  but  they  are  paid  for 
only  such  time  as  they  work.  In  districts  where  there  is  no  truancy 
or  habitual  absence,  under  this  law,  the  school  authorities  are  not  re¬ 
quired  to  give  the  truant  officer  any  work  to  do ;  hence,  the  expense 
to  such  district  will  be  nothing.  In  the  appointment  of  truant  officers, 
county  superintendents  and  boards  of  education  are  earnestly  urged 


12 


to  exercise  the  greatest  care  that  proper  persons  may  be  secured  for 
this  important  duty.  Do  not  appoint  two  officers  when  one  can  do 
the  work.  Do  not  select  a  person  as  truant  officer  who  will  not  ex¬ 
ercise  discretion  in  the  transaction  of  the  business.  Do  not  assign 
duties  for  the  truant  officer  unless  the  work  comes  under  the  provi¬ 
sion  and  purposes  of  this  law. 

Seventh. — A  reasonable  excuse  for  absence  should  always  be  consid¬ 
ered.  The  law  is  meant  to  reach  those  parents  who  refuse  to  edhcate 
their  children  or  whose  children  are  beyond  parental  control.  Be¬ 
cause  a  farmer  may  need  the  assistance  of  his  boys  in  some  emergency 
is  no  reason  why  the  truant  officer  should  call  upon  him. 

Eighth. — In  case  a  pupil  refuses  to  attend  school,  and  his  parent 
or  guardian  declares  his  inability  to  compel  him  to  do  so,  then  the 
truant  officer  proceeds  against  such  pupil  as  would  be  done  for  any 
other  juvenile  disorderly  act. 

Ninth. —  Superintendents  should  arrange  to  have  at  hand  all  lists 
of  enumeration  of  school  children  in  their  respective  counties  or  cities. 
They  should  require,  at  least  monthly,  the  names,  addresses  and  ages 
of  all  pupils  enrolled  in  the  several  schools  who  would  come  under 
the  provisions  of  this  act.  By  this  means  it  is  easily  determined  if 
any  children  are  violating  the  law.  The  law  imposes  an  important 
duty  upon  the  teachers  by  requiring  monthly  reports  of  all  truancy  or 
habitual  absence. 

Tenth. — Note  the  provisions  of  sections  6  of  the  law,  relative  to  the 
duties  of  the  school  enumerator.  Great  care  should  be  exercised  by 
your  enumerators  in  taking  the  next  enumeration. 

We  feel  warranted  in  saying  that  this  law  is  the  most  important 
public-school  law  enacted  since  the  establishment  of  free  schools  in 
the  state.  It  places  our  state  on  a  par  with  many  older  states  in  edu¬ 
cational  matters.  The  importance  of  the  law  will  be  realized  more 
fully  as  the  years  go  by  and  its  beneficial  effects  are  seen.  The  sev¬ 
eral  school  officers  of  the  state,  all  citizens  who  would  aid  in  giving 
the  state  citizenship  well  educated  and  the  general  public  are  urged 
to  give  this  important  measure  their  unqualified  support.  The  intel¬ 
ligent  and  faithful  enforcement  of  this  law  will  bring  great  and  last¬ 
ing  benefits  to  the  state. 


In  conclusion,  I  desire  to  congratulate  the  teachers  of  the  state 
upon  the  favorable  consideration  of  their  several  requests  by  the  re¬ 
cent  legislature.  Very  truly  yours, 

I.  L.  DAYHOFF, 

State  Superintendent  of  Public  Instruction. 
Topeka,  Kan.,  March  25,  1903. 


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